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Convention between the United States of America and other powers, relating to prisoners of war. Signed at Geneva, July 2 , !"2"# ratification advised by the Senate, January , !"$2# ratified by the %resident, January !&, !"$2, ratification of the United States of America deposited with the Government of Swit'erland, (ebruary ), !"$2# proclaimed, August ), !"$2.
the President of the nited States of ,e"ico, the President of the Rep#blic of 5icarag#a, His ,a-esty the .ing of 5orway, Her ,a-esty the 6#een of the 5etherlands, His 1mperial ,a-esty the Shah of Persia the President of the Rep#blic of Poland, the President of the Port#g#ese Rep#blic, His ,a-esty the .ing of R#mania, His ,a-esty the .ing of the Serbs, Croats and Slovenes, His ,a-esty the .ing of Siam, His ,a-esty the .ing of Sweden, the Swiss *ederal Co#ncil, the President of the C0echoslova3 Rep#blic, the President of the T#r3ish Rep#blic, the President of the 7riental Rep#blic of r#g#ay, 8and9 the President of the Rep#blic of the nited States of :ene0#ela, recogni0ing that, in the e"treme case of a war, it will be the d#ty of every Power to diminish, so far as possible the #navoidable rigors thereof an to mitigate the fate of prisoners of war; desiro#s of developing the principles which inspired the international conventions of The Hag#e, in partic#lar the Convention relative to the laws and c#stoms of war and the Reg#lations anne"ed thereto; have decided to concl#de a Convention to that end, and have appointed< the following as their plenipotentiaries, namely+ 8Here follows a list of Participants9
rendered inevitable by the conditions of capt#re< However, s#ch derogations shall not infringe #pon the f#ndamental principles of the present Convention; they shall cease from the moment when the persons capt#red have re-oined a prisoners!of!war camp<
ARTICLE 2$
Prisoners of war are in the power of the hostile Power, b#t not of the individ#als or corps who have capt#red them< They m#st at all times be h#manely treated and protected, partic#larly against acts of violence, ins#lts and p#blic c#riosity< ,eas#res of reprisal against them are prohibited<
ARTICLE &
<
Prisoners of war have the right to have their person and their honor respected< Women shall be treated with all the regard d#e to their se"< Prisoners retain their f#ll civil stat#s<
ARTICLE '$
The Power detaining prisoners of war is bo#nd to provide for their maintenance< 2ifference in treatment among prisoners is lawf#l only when it is based on the military ran3, state of physical or mental health, professional B#alifications or se" of those who profit thereby<
to the condition of their army or co#ntry< Prisoners who ref#se to answer may not be threatened, ins#lted, or e"posed to #npleasant or disadvantageo#s treatment of any 3ind whatever< 1f, beca#se of his physical or mental condition, a prisoner is #nable to identify himself, he shall be t#rned over to the medical corps<
ARTICLE )$
All effects and ob-ects of personal #se e"cept arms, horses, military eB#ipment and military papers shall remain in the possession of prisoners of war, as well as metal helmets and gas mas3s< ,oney in the possession of prisoners may not be ta3en away from them e"cept by order of an officer and after the amo#nt is determined< A receipt shall be given< ,oney th#s ta3en away shall be entered to the amo#nt of each prisoner< 1dentification doc#ments, insignia of ran3, decorations and ob-ects of val#e may not be ta3en from prisoners<
ARTICLE *$
/elligerents a"e bo#nd m#t#ally to notify each other of their capt#re of prisoners within the shortest period possible, thro#gh the intermediary of the information b#rea#s, s#ch as are organi0ed according to Article ''< They are li3ewise bo#nd to inform each other of the official addresses to which the correspondence of their families may be sent to prisoners of war< As soon as possible, every prisoner m#st be enabled to correspond with his family himself, #nder the conditions provided in Articles =D et seB< As regards prisoners capt#red at sea, the provisions of the present article shall be observed as soon as possible after arrival at port<
ARTICLE !/$
Prisoners of war shall be lodged in b#ildings or in barrac3s affording all possible g#arantees of hygiene and healthf#lness< The B#arters m#st be f#lly protected from< dampness, s#fficiently heated and lighted< All preca#tions m#st be ta3en against danger of fire< With regard to dormitories the total s#rface, minim#m c#bic amo#nt of air, arrangement and material of bedding!the conditions shall be the same as for the troops at base camps of the detaining Power<
ARTICLE !2$
Clothing, linen and footwear shall be f#rnished prisoners of war by the detaining Power< Replacement and repairing of these effects m#st be ass#red reg#larly< 1n addition, laborers m#st receive wor3 clothes wherever the nat#re of the wor3 reB#ires it< Canteens shall be installed in all camps where prisoners may obtain, at the local mar3et price, food prod#cts and ordinary ob-ects<
Profits made by the canteens for camp administrations shall be #sed for the benefit of prisoners<
ARTICLE !'$
Every camp shall have an infirmary, where prisoners of war shall receive every 3ind of attention they need< 1f necessary, isolated B#arters shall be reserved for the sic3 affected with contagio#s diseases< E"penses of treatment, incl#ding therein those of temporary prosthetic eB#ipment, shall become by the detaining Power< pon reB#est, belligerents shall be bo#nd to deliver to every prisoner treated an official statement showing the nat#re and d#ration of his illness as well as the attention received< 1t shall be lawf#l for belligerents reciprocally to a#thori0e, by means of private arrangements the retention in the camps of physicians and attendants to care for prisoners of their own co#ntry< Prisoners affected< with a serio#s illness or whose condition
necessitates an important s#rgical operation, m#st be admitted, at the e"pense of the detaining Power, to any military or civil medical #nit B#alified to treat them<
ARTICLE !($
,edical inspections of prisoners of war shall be arranged at least once a month< Their p#rpose shall be the s#pervision of the general state of health and cleanliness, and the detection of contagio#s diseases, partic#larly t#berc#losis and venereal diseases<
ARTICLE !7$
So far as possible belligerents shall enco#rage intellect#al diversions and sports organi0ed by prisoners of war<
7fficers who are prisoners of war are bo#nd to sal#te only officers of a higher or eB#al ran3 of that Power<
ARTICLE !"$
The wearing of insignia of ran3 and of decorations shall be permitted<
ARTICLE 2/$
Reg#lations, orders, notices and proclamations of every 3ind m#st be comm#nicated to prisoners of war in a lang#age which they #nderstand< The same principle shall be applied in e"aminations<
CHAPTER )$ S.36ial Pro5isions R32ar0in2 O,,i63rs an0 P3rsons o, E87i5al3nt stat7s$ ARTICLE 2!$
pon the beginning of hostilities, belligerents shall be bo#nd to comm#nicate to one another the titles and ran3s in #se in their respective armies, with a view to ass#ring eB#ality of treatment between corresponding ran3s of officers and persons of eB#ivalent stat#s< 7fficers and persons of eB#ivalent stat#s who are prisoners of war shall be treated with the regard d#e their ran3 and age<
ARTICLE 22$
1n order to ass#re service in officersE camps, soldiers of the same army who are prisoners of war and, wherever possible, who spea3 the same lang#age, shall be assigned thereto, in s#fficient n#mbers, considering the ran3 of the officers and persons of eB#ivalent stat#s< The latter shall sec#re their food and clothing from the pay which shall be granted them by the detaining Power< Administration of the mess!f#nd by the officers themselves m#st be facilitated in every way<
ARTICLE 2'$
pon the o#tbrea3 of hostilities, the belligerents shall, by common agreement, fi" the ma"im#m amo#nt of ready money which prisoners of war of vario#s ran3s and classes shall be allowed to 3eep in their possession< Any s#rpl#s ta3en or withheld from a prisoner shall be entered to his acco#nt, the same as any deposit of money effected by him, and may not be converted into another c#rrency witho#t his consent< Pay to the credit of their acco#nts shall be given to prisoner<, of war at the end of their captivity< 2#ring their imprisonment, facilities shall be granted them for the transfer of these amo#nts, in whole or in part, to ban3s or private persons in their co#ntry of origin<
ARTICLE 2)$
1n case of transfer, prisoners of war shall be officially notified of their new destination in advance; they shall, be allowed to ta3e with them their personal effects, their correspondence and ! pac3ages which have arrived for them< All d#e meas#res shall be ta3en that Correspondence and pac3ages addressed to their former camp may be forwarded to them witho#t delay< ,oney deposited to the acco#nt 7f transferred prisoners shall be transmitted to the competent a#thority of their new place of residence< The e"penses occasioned by the transfer shall be charged to the detaining Power<
/elligerents shall be bo#nd, d#ring the whole period of captivity, to allow to prisoners of war who are victims of accidents in connectionE with their wor3 the en-oyment of the benefit of the provisions applicable to laborers of the same class according to the legislation of the detaining Power< With regard to prisoners of war to whom these legal provisions might not be applied by reason of the legislation of that Power, the latter #nderta3es to recommend to its legislative body all proper meas#res eB#itably to indemnify the victims<
ARTICLE 2"$
5o prisoner of war may be employed at labors for which he is physically #nfit<
ARTICLE &/$
The length of the dayEs wor3 of prisoners of war, incl#ding therein the trip going and ret#rning, shall not be e"cessive and m#st not, in any case, e"ceed that allowed for the civil wor3ers in the region employed at the same wor3< Every prisoner shall be allowed a rest of twenty!fo#r consec#tive ho#rs every wee3, preferably on S#nday<
paragraph, prisoners, after e"ec#ting or beginning to e"ec#te the order, shall be free to have their protests presented thro#gh the mediation of the agents whose f#nctions are set forth in Articles F= and FF, or, in the absence of an agent, thro#gh the mediation of representatives of the protecting Power<
ARTICLE &2$
1t is forbidden to #se prisoners of war at #nhealthf#l or dangero#s wor3< Any aggravation of the conditions of labor by disciplinary meas#res is forbidden<
disposal d#ring the period of his captivity< While awaiting the concl#sion of the said agreements, payment for labor of prisoners shall be settled according to the r#les given below+ aA Wor3 done for the State shall be paid for in accordance with the rates in force for soldiers< of the national army doing the same wor3, or, if none e"ists, ac cording to a rate in harmony with the wor3 performed< bA When the wor3 is done for the acco#nt of other p#blic administrations or for private persons, conditions shall be reg#lated by agreement with the military a#thority< The pay remaining to the credit of the prisoner shall be delivered to him at the end of his captivity< 1n case of death,! it shall be forwarded thro#gh the diplomatic channel to the heirs of the deceased<
ARTICLE &)$
Each of the belligerents shall periodically determine the n#mber of letters and postal cards per month which prisoners of war of the vario#s classes shall be allowed to send, and shall inform the other belligerent of this n#mber< These letters and cards shall be transmitted by post by the shortest ro#te< They may not be delayed or retained for disciplinary reasons< Within a period of not more than one wee3 after his arrival at the camp, and li3ewise in case of sic3ness, every prisoner shall be enabled to write his family a postal card informing it of his capt#re and of the state of his health< The said postal cards shall be forwarded as rapidly as possible and may not be delayed in any
manner< As a general r#le, correspondence of prisoners shall be written in their native lang#age< /elligerents may allow correspondence in other lang#ages<
ARTICLE &7$
Prisoners of war shall be allowed individ#ally to receive parcels by mail, containing foods and other articles intended to s#pply them with food or clothing< Pac3ages shall be delivered to the addressees and a receipt given<
ARTICLE &*$
4etters and consignments of money or val#ables, as well as parcels by post intended for prisoners of war or dispatched by them, either directly, or by the mediation of the information b#rea#s provided for in Article '', shall be e"empt from all postal d#ties in the co#ntries of origin and destination, as well as in the co#ntries they pass thro#gh< Presents and relief in 3ind for prisoners shall be li3ewise e"empt from all import and other d#ties, its well as of payments for carriage by the State railways< Prisoners may, in cases of ac3nowledged #rgency, be allowed to send telegrams, paying the #s#al charges<
ARTICLE &"$
Prisoners of war shall be allowed to receive shipments of boo3s individ#ally, which may be s#b-ect to censorship< Representatives of the protecting Powers and d#ly recogni0ed and a#thori0ed aid societies may send boo3s and collections of boo3s to the libraries of prisonersE camps< The transmission of these shipments to libraries may not be delayed #nder the prete"t of censorship diffic#lties<
ARTICLE '/$
Censorship of correspondence m#st be effected within the
shortest possible time< *#rthermore, inspection of parcels post m#st be effected #nder proper conditions to g#arantee the preservation of the prod#cts which they may contain and, if possible, in the presence of the addressee or an agent d#ly recogni0ed by him< Prohibitions of correspondence prom#lgated by the belligerents for military or political reasons, m#st be transient in character and as short as possible<
ARTICLE '!$
/elligerents shall ass#re all facilities for the transmission of instr#ments, papers or doc#ments intended for prisoners of war or signed by them, partic#larly of powers of attorney and wills< They shall ta3e the necessary meas#res to ass#re, in case of necessity, the a#thentication of signat#res made by prisoners<
SECTION V$ PRISONERS< RELATIONS #ITH THE AUTHORITIES$ CHAPTER !$ Co-.laints o, Prison3rs o, #ar :36a7s3 o, t13 Con0itions o, Ca.ti5it4$ ARTICLE '2$
Prisoners of war shall have the right to inform the military a#thorities in whose power they are of their reB#ests with regard to the conditions of captivity to which they are s#b-ected< They shall also have the right to address themselves to representatives of the protecting Powers to indicate to them the points on which they have complaints to form#late with regard to the conditions of captivity< These reB#ests and complaints m#st be transmitted immediately< Even if they am recogni0ed to be #nfo#nded, they may not occasion any p#nishment<
ARTICLE ''$
When the agents are employed as laborers, their activity as representatives of prisoners of war m#st be co#nted m the comp#lsory period of labor< All facilities shall be accorded the agents for their interco#rse with the military a#thorities and with the protecting Power< This interco#rse shall not be limited< 5o representative of the prisoners may be transferred witho#t the necessary time being allowed him to inform his s#ccessors abo#t affairs #nder consideration<
ARTICLE ')$
P#nishments other than those provided for the same acts for soldiers of the national armies may not be imposed #pon prisoners of war by the military a#thorities and co#rts of the detaining Power< Ran3 being identical, officers, noncommissioned officers or soldiers who are prisoners of war #ndergoing a disciplinary p#nishment, shall not be s#b-ect to less favorable treatment than that provided in the armies of the detaining Power with regard to the same p#nishment< Any corporal p#nishment, any imprisonment in B#arters witho#t daylight and, in general, any form of cr#elty, is forbidden< Collective p#nishment for individ#al acts is also forbidden<
ARTICLE '7$
Acts constit#ting an offense against discipline, and partic#larly attempted escape, shall be verified immediately; for all prisoners of war, commissioned or not, preventive arrest shall be red#ced to the absol#te minim#m< %#dicial proceedings against prisoners of war shall be cond#cted as rapidly as the circ#mstances permit; preventive imprisonment shall be limited as m#ch as possible< 1n all cases, the d#ration of preventive imprisonment shall be ded#cted from the disciplinary or -#dicial p#nishment inflicted,
ARTICLE '*$
Prisoners of war may not be treated differently from other prisoners after having s#ffered the -#dicial or disciplinary p#nishment which has been imposed on them< However, prisoners p#nished as a res#lt of attempted escape may be s#b-ected to special s#rveillance, which, however, may not entail the s#ppression of the g#arantees granted prisoners by the present Convention<
ARTICLE '"$
5o prisoner of war may be deprived of his ran3 by the detaining Power< Prisoners given disciplinary p#nishment may not be deprived of the prerogatives attached to their ran3< 1n partic#lar, officers and persons of eB#ivalent stat#s who s#ffer p#nishment involving deprivation of liberty shall not be placed in< the same B#arters as noncommissioned officers or privates being p#nished<
ARTICLE (/$
Escaped prisoners of war who are reta3en before being able to re-oin their own army or to leave the territory occ#pied by the army which capt#red them shall be liable only to disciplinary p#nishment< Prisoners who, after having s#cceeded in re-oining their army or in leaving the territory occ#pied by the army which capt#red them, may again be ta3en prisoners, shall not be liable to any p#nishment on acco#nt of their previo#s flight<
ARTICLE (!$
Attempted escape, even if it is a repetition of the offense, shall not be considered as an aggravating circ#mstance in case the prisoner of war sho#ld be given over to the co#rts on acco#nt of crimes or offenses against persons or property committed in the co#rse of that attempt<
After an attempted or accomplished escape, the comrades of the person escaping who assisted in the escape, may inc#r only disciplinary p#nishment on this acco#nt<
ARTICLE (2$
/elligerents shall see that the competent a#thorities e"ercise the greatest leniency in deciding the B#estion of whether an infraction committed by a prisoner of war sho#ld be p#nished by disciplinary or -#dicial meas#res< This shall be the case especially when it is a B#estion of deciding on acts in connection with escape or attempted escape< A prisoner may not be p#nished more than once beca#se of the same act or the same co#nt<
ARTICLE (&$
5o prisoner of war on whom a disciplinary p#nishment has been imposed, who might be eligible for repatriation, maybe 3ept bac3 beca#se he has not #ndergone the p#nishment< Prisoners to be repatriated who might be threatened with a penal prosec#tion may be e"cl#ded from repatriation< #ntil the end of the proceedings and, if necessary, #ntil the completion of the p#nishment; those who might already be imprisoned by reason of a sentence may be detained #ntil the end of their imprisonment< /elligerents shall comm#nicate to each other the lists of those who may not be repatriated for the reasons given in the preceding paragraph<
This ma"im#m of thirty days may not, f#rther, be e"ceeded in the case of several acts for which the prisoner has to #ndergo discipline at the time when it is ordered for him, whether or not these acts are connected< When, d#ring or after the end of a period of arrest, a prisoner shall have a< new disciplinary p#nishment imposed #pon him, a space of at least three days shall separate each of the periods of arrest, if one of them is ten days or more<
ARTICLE (($
S#b-ect to the provisions given in the last paragraph of Article ((, food restrictions allowed in the armies of the detaining Power are applicable, as an increase in p#nishment, to prisoners of war given disciplinary p#nishment< However, these restrictions may be ordered only< if the state of health of the prisoners p#nished permits it<
ARTICLE ()$
1n no case may prisoners of war be transferred to penitentiary establishments @prisons, penitentiaries, convict prisons, etc<A there to #ndergo disciplinary p#nishment< The B#arters in which they #ndergo disciplinary p#nishment shall conform to sanitary reB#irements< Prisoners p#nished shall be enabled to 3eep themselves in a state of cleanliness< These prisoners shall every dg be allowed to e"ercise or to stay m the open air at least two ho#rs<
ARTICLE (7$
Prisoners of war given disciplinary p#nishment shall be allowed to read and write, as well as to send and receive letters< 7n the other hand, pac3ages and money sent may be not delivered to the addressees #ntil the e"piration of the p#nishment< 1f the pac3ages not distrib#ted contain perishable prod#cts, these
ARTICLE (*$
Prisoners of war given disciplinary p#nishment shall be allowed, on their reB#est, to be present at the daily medical inspection< They shall receive the care considered necessary by the doctors and, if necessary, shall be removed to the camp infirmary or to hospitals<
ARTICLE ("$
E"cepting the competence of co#rts and higher military a#thorities, disciplinary p#nishment may be ordered only by an officer provided with disciplinary powers in his capacity as commander of a camp or detachment, or by the responsible officer replacing him<
ARTICLE )!$
5o prisoner of war may be sentenced witho#t having had an opport#nity to defend himself< 5o prisoner may be obliged to admit himself g#ilty of the act of which he is acc#sed<
ARTICLE )2$
The prisoner of war shall be entitled to assistance by a B#alified co#nsel of his choice, and, if necessary, to have reco#rse to the services of a competent interpreter< He shall be advised of his right by the detaining Power, in d#e time before the trial< 1n defa#lt of a choice by the prisoner, the protecting Power may obtain a co#nsel for him< The detaining Power shall deliver to the protecting Power, on its reB#est, a list of persons B#alified to present the defense< Representatives of the protecting Power shall be entitled to attend the trial of the case< The only e"ception to this r#le is the case where the trial of the case m#st be secret in the interest of the safety of the State< The detaining Power sho#ld so advise the protecting Power<
ARTICLE )&$
Sentence may be prono#nced against a prisoner of war only by the same co#rts and according to the same proced#re as in the case of persons belonging to the armed forces of the detaining Power<
ARTICLE )'$
Every prisoner of war shall have tile right of appeal against any sentence rendered with regard to him, in the same way as individ#als belonging to the armed forces of the detaining Power<
ARTICLE )($
Sentences prono#nced against prisoners of war shall be comm#nicated to the protecting Power immediately<
ARTICLE ))$
1f the death penalty is prono#nced against a prisoner of war, a comm#nication setting forth in detail the nat#re and circ#mstances of the offense shall be sent as soon as possible to the representative of the protecting Power, for transmission to the Power in whose armies the prisoner served< The sentence shall not be e"ec#ted before the e"piration of a period of at least three months after this comm#nication<
ARTICLE )7$
5o prisoner of war may be deprived of the benefit of the provisions of Article F& of the present Convention as a res#lt of a sentence or otherwise<
TITLE IV$ TERMINATION OF CAPTIVITY$ SECTION !$ DIRECT REPATRIATION AND HOSPITALI=ATION IN A NEUTRAL COUNTRY$ ARTICLE )*$
/elligerents are bo#nd to send, bac3 to their own co#ntry, regardless of ran3 or n#mber, serio#sly sic3 and serio#sly in-#red prisoners of war, after having bro#ght them to a condition where they can be transported< Agreements between belligerents shall accordingly settle as soon as possible the cases of invalidity or of sic3ness, entailing direct repatriation, as well as the cases entailing possible hospitali0ation in a ne#tral co#ntry< While awaiting the concl#sion of these agreements, belligerents may have reference to the model agreement anne"ed, for doc#mentary p#rposes, to the present Convention<
ARTICLE )"$
pon the o#tbrea3 of hostilities, belligerents shall come to an agreement to name mi"ed medical commissions< These commissions shall be composed of three members, two of them belonging to a ne#tral co#ntry and one appointed by the detaining Power; one of the physicians of the ne#tral co#ntry shall preside< These mi"ed medical commissions shall proceed to the e"amination of sic3 or wo#nded prisoners and shall ma3e all d#e decisions regarding them< 2ecisions of these commissions shall he by ma-ority and carried o#t with the least possible delay<
ARTICLE 7/$
/esides those who are designated by the camp physician, the following prisoners of war shall be inspected by the mi"ed medical Commission mentioned in Article D), with a view to their direct repatriation or their hospitali0ation in a ne#tral co#ntry+ aA Prisoners who ma3e s#ch a reB#est directly of the camp physician; bA Prisoners who are presented by the agents provided for in Article F=, acting on their own initiative or at the reB#est of the prisoners themselves; cA Prisoners who have been proposed by the Power in whose armies they have served or by an aid society d#ly recogni0ed and a#thori0ed by that Power<
ARTICLE 7!$
Prisoners of war who are victims of accidents in connection with wor3, e"cept those vol#ntarily in-#red, shall en-oy< the benefit of the same provisions, as far as repatriation or possible hospitali0ation in a ne#tral co#ntry are concerned<
ARTICLE 72$
Thro#gho#t the d#ration of hostilities and for h#mane considerations, belligerents may concl#de agreements with a view to the direct repatriation or hospitali0ation in a ne#tral co#ntry of able!bodied prisoners of war who have #ndergone a long period of
captivity<
ARTICLE 7&$
The e"penses of repatriation or of transportation to a ne#tral co#ntry of prisoners of war shall be borne, from the frontiers of the detaining Power, by the Power in whose armies the prisoners< have served<
ARTICLE 7'$
5o repatriated person may be #tili0ed in active military service<
SECTION II$ RELEASE AND REPATRIATION UPON CESSATION OF HOSTILITIES$ ARTICLE 7($
When belligerents concl#de a t convention of armistice, they h m#st, in principle, have appear therein stip#lations regarding the repatriation of prisoners of war< 1f it has not been possible to insert stip#lations in this regard in s#ch convention, belligerents shall nevertheless come to an agreement in this regard as soon as possible< 1n any case, repatriation of prisoners shall be effected with the least possible delay after the concl#sion of peace< Prisoners of war against whom a penal prosec#tion might be pending for a crime or an offense t of m#nicipal law may, however, be detained #ntil the end of the proceedings and, if necessary, #ntil the e"piration of the p#nishment< The same shall be tr#e of those sentenced for a crime or offense of m#nicipal law< 7n agreement between the belligerents, commissions may be established for the p#rpose of searching for dispersed prisoners and ass#ring their repatriation<
The same r#les shall be observed regarding death certificates< /elligerents shall see that prisoners of war dying in captivity are honorably b#ried and that the graves bear all d#e information, are respected and properly maintained<
TITLE VI$ BUREAUS OF RELIEF AND INFORMATION CONCERNIN% PRISONERS OF #AR$ ARTICLE 77$
pon the o#tbrea3 of hostilities, each of the belligerent Powers, as well as the ne#tral Powers which have received belligerents, shall instit#te an official information b#rea# for prisoners of war who are within their territory< Within the shortest possible period, each of the belligerent Powers shall inform its information b#rea# of every capt#re of prisoners effected by its armies, giving it all the information regarding identity which it has, allowing it B#ic3ly to advise the families concerned, and informing it of the official addresses to which families may write to prisoners< The information b#rea# shall immediately forward all this information to the interested Powers, thro#gh the intervention, on one hand, of the protecting Powers and, on the other, of the central agency provided for in Article ')< The information b#rea#, being charged with replying to all inB#iries abo#t of war, shall receive from the vario#s services concerned f#ll information respecting interments, and transfers, releases on parole, repatriations, escapes, stays in hospitals, deaths, as well as other information necessary to enable it to ma3e o#t and 3eep #p to date an individ#al ret#rn for each prisoner of war< The b#rea# shall state in this ret#rn, in so far as is possible and s#b-ect to the provisions of Article G+ the regimental n#mber, given names and s#rname, date and place of birth, ran3 and #nit of the interested party, the given name of the father and the name of the mother, the address of the person to be advised in case of accident, wo#nds, date and place of capt#re, internment,
wo#nding, and death, as well as any other important information< Wee3ly lists containing all new information li3ely to facilitate the identification o each prisoner shall be transmitted to the interested Powers< At the concl#sion of peace the individ#al ret#rn of the prisoner of war shall be delivered to the Power which he served< The information b#rea# shall t f#rther be bo#nd to receive all ob-ects of personal #se, val#ables, letters, pay vo#chers, identification mar3s, etc<, which are left by prisoners of war who have been repatriated, released on parole, escaped or died, and to transmit them to the co#ntries interested<
ARTICLE 7*$
Relief societies for prisoners of war, which are properly constit#ted in accordance with the laws of their co#ntry and with the ob-ect of serving as the channel for charitable effort, shall receive from the belligerents, for themselves and their d#ly accredited agents, every facility for the efficient performance of their h#mane tas3 within the bo#nds imposed by military necessities< Agents of these societies may be admitted to the camps for the p#rpose of distrib#ting relief, as also to the halting places of repatriated prisoners, if f#rnished with a personal permit by the military a#thorities, and on giving an #nderta3ing in writing to comply with all meas#res of order and police which the latter may iss#e<
ARTICLE 7"$
A central information agency for prisoners of war shall be created in a ne#tral co#ntry< The 1nternational Committee of the Red Cross shall propose the organi0ation of s#ch an agency to the interested Powers, if it considers it necessary< The f#nction of that agency shall be to centrali0e all information respecting prisoners, which it may obtain thro#gh official or private channels; it shall transmit it as B#ic3ly as possible to the co#ntry of origin of the prisoners or to the Power which they have served<
These provisions m#st not be interpreted as restricting the h#manitarian activity of the 1nternational Committee of the Red Cross<
ARTICLE */$
1nformation b#rea#s shall en-oy the privilege of free postage on postal matter, as well as all e"emptions provided in Article =><
TITLE VII$ APPLICATION OF THE CONVENTION TO CERTAIN CLASSES OF CIVILIANS$ ARTICLE *!$
1ndivid#als who follow armed forces witho#t directly belonging thereto, s#ch as newspaper correspondents and reporters, s#tlers, contractors, who fall into the enemyEs hands and whom the latter thin3 e"pedient to detain, shall be entitled to be treated as prisoners of war, provided they are in possession of a certificate from the military a#thorities of the armed forces which they were accompanying<
TITLE VIII$ E;ECUTION OF THE CONVENTION$ SECTION I$ %ENERAL PROVISIONS$ ARTICLE *2$
The provisions of the present Convention m#st be respected by the High Contracting Parties #nder all circ#mstances< 1n case, in time of war, one of the belligerents is not a party to the Convention, its provisions shall nevertheless remain in force as between the belligerents who are parties thereto<
ARTICLE *&$
The High Contracting Parties reserve the right to concl#de special convention!, on all B#estions relative to prisoners of war, on which it seems to them e"pedient to have partic#lar reg#lations<
Prisoners of war shall receive the benefit of these agreements #ntil the completion of repatriation, e"cept in the case of e"press stip#lations to the contrary contained in the above!mentioned agreements or in later agreements, or also e"cept in the case of more favorable meas#res ta3en by one or the other of the belligerent Powers respecting the prisoners which they hold< 1n order to ass#re the reciprocal application of the stip#lations of the present Convention, and to facilitate the concl#sion of the special conventions provided for above, belligerents may, #pon the commencement of hostilities, a#thori0e meetings of representatives of the respective a#thorities charged with the administration of prisoners of war<
ARTICLE *'$
The te"t of the present Convention and of the special conventions provided for in the foregoing article, shall be posted, wherever possible in the native lang#age of the prisoners of war, in places where it may be cons#lted by all the prisoners< The te"t of these conventions shall be comm#nicated to prisoners who find it impossible to get the information from the posted te"t, #pon their reB#est<
ARTICLE *($
The High Contracting Parties shall comm#nicate to one another thro#gh the Swiss *ederal Co#ncil, the official translations of the present Convention as well as of the laws and reg#lations which they may come to adopt to ass#re the application of the present Convention<
delegates from among their own nationals or from among the nationals of other ne#tral Powers< These delegates m#st be s#b-ect to the approval of the belligerent near which they e"ercise their mission< Representatives of the protecting Power or its accepted delegates shall be permitted to go to any place, witho#t e"ception, where prisoners of war are interned< They shall have access to all places occ#pied by prisoners and may interview them, as a general r#le witho#t witnesses, personally or thro#gh interpreters< /elligerents shall so far as possible facilitate the tas3 of representatives or accepted delegates of the protecting Power< The military a#thorities shall be informed of their visit< /elligerents may come to an agreement to allow persons of the same nationality as the prisoners to be permitted to ta3e part in inspection trips<
ARTICLE *7$
1n case of disagreement between the belligerents as to the application of the provisions of the present Convention, the protecting Powers m#st, in so far as possible, lend their good offices for the p#rpose of settling the difference< *or this p#rpose, each of the protecting Powers may, in partic#lar, s#ggest to the interested belligerents a meeting of representatives thereof, possibly #pon a ne#tral territory s#itably chosen< /elligerents shall be bo#nd to accede proposals in this sense which are made to them< The protecting Power may, if occasion arises, s#bmit for the approval of the Powers concerned a person belonging to a ne#tral Power or a person delegated by the 1nternational Committee of the Red Cross, who shall be s#mmoned to ta3e part in this meeting<
ARTICLE **$
The foregoing provisions are not an obstacle to the h#manitarian activity which the 1nternational Committee of the Red Cross may #se for the protection of prisoners of war, with the consent of the interested belligerents<
ARTICLE *"$
1n the relations between Powers bo#nd by the Hag#e Convention respecting the 4aws and C#stoms of War on 4and, whether it is a B#estion of that of %#ly &), (>)), or that of 7ctober (>, ()?', and who participate in the present Convention, this latter shall complete Chapter (( of the Reg#lations anne"ed to the said Hag#e Conventions<
ARTICLE "/$
The present Convention, which will bear this dayEs date, may be signed #p to *ebr#ary (, ()=?, on behalf of all the co#ntries represented at the Conference which opened at $eneva %#ly (, ()&)<
ARTICLE "!$
The present Convention shall be ratified as soon as possible< The ratifications shall be deposited at /erne< A record of the deposit of each instr#ment of ratification shall be prepared, a d#ly certified copy of which shall be forwarded by the Swiss *ederal Co#ncil to the $overnments of all the co#ntries on whose behalf the Convention has been signed or notification of adherence made<
ARTICLE "2$
The present Convention shall become effective si" months after the deposit of at least two instr#ments of ratification< S#bseB#ently, it shall become effective for each High Contracting Party si" months after the deposit of its instr#ment of ratification<
ARTICLE "&$
*rom the date on which it becomes effective, the present Convention shall be open for adherences given on behalf of any co#ntry in whose name this Convention was not signed<
ARTICLE "'$
Adherence shall be given by written notification addressed to the Swiss *ederal Co#ncil and shall ta3e effect si" months after the date of their receipt< The Swiss *ederal Co#ncil shall comm#nicate adherences to the $overnment of all the co#ntries on whose behalf the Convention was signed or notification of adherence made<
ARTICLE "($
A state of war shall give immediate effect to ratifications deposited and to adherences; notified by belligerent Powers prior to or after the o#tbrea3 of hostilities< The comm#nication of ratifications or adherences received from Powers at war shall be made by the Swiss *ederal Co#ncil by the most rapid method<
ARTICLE ")$
Each of the High Contracting Parties shall have the right to deno#nce the present Convention< The den#nciation shall not ta3e effect #ntil one year after notification has been made in writing to the Swiss *ederal Co#ncil< The latter shall comm#nicate s#ch notification to the $overnments of all the High Contracting Parties< The den#nciation shall have effect only with respect to the High Contracting Party which gave notification thereof< ,oreover, s#ch den#nciation shall not ta3e effect d#ring a war in which the deno#ncing Power is involved< 1n this case, the present Convention shall contin#e, in effect, beyond the period of one year, #ntil the concl#sion of peace, and, in any event, #ntil the processes of repatriation a"e completed<
ARTICLE "7$
A d#ly certified copy of the present Convention shall be deposited in the archives of the 4eag#e of 5ations by the Swiss *ederal Co#ncil< 4i3ewise, ratifications, adherences, and den#nciations of which the Swiss *ederal Co#ncil shall be notified, shall be comm#nicated by it to the 4eag#e of 5ations<
15 *A1TH WHERE7*, the Plenipotentiaries named above have signed the present Convention< 275E at $eneva, the twenty!seventh of %#ly, one tho#sand nine h#ndred and twenty!nine, in a single copy, which shall remain in the archives of the Swiss Confederation and d#ly certified copies of which shall be forwarded to the $overnments of all the co#ntries invited to the Conference< 8Here follows a long list of signatories9
ANNE; TO THE CONVENTION OF MAY 27 !"2" RELATIVE TO THE TREATMENT OF PRISONERS OF #AR$
,72E4 A$REE,E5T C75CER515$ 21RECT REPATR1AT175 A52 H7SP1TA41HAT175 15 A 5E TRA4 C7 5TRI 7* PR1S75ERS 7* WAR *7R REAS75S 7* HEA4TH<
I$ %o53rnin2 Prin6i.l3s ,or Dir36t R3.atriation an0 Hos.itali9ation in a N37tral Co7ntr4$ A$ DIRECT REPATRIATION$
There shall be repatriated directly+ (< Sic3 and wo#nded who, according to medical opinion, are not li3ely to recover in one year, their condition reB#iring treatment and their mental or physical fitness appearing to have s#ffered considerable dimin#tion; &< 1nc#rable sic3 and wo#nded whose mental or physical fitness appears to have s#ffered considerable dimin#tion; =< C#red sic3 and wo#nded whose mental or physical fitness appears to have s#ffered considerable dimin#tion<
offered by the ne#tral co#ntry than if their captivity properly so! called is prolonged; &< Prisoners of war whose mental or physical health appears, according to medical opinion, to be serio#sly menaced by contin#ance in captivity, while hospitali0ation in a ne#tral co#ntry wo#ld probably remove this danger<
aA Progressive t#berc#losis of any organs which, according to medical opinion, can no longer be c#red or at least considerably improved by a co#rse of treatmnent in a ne#tral co#ntry< bA 5ont#berc#lar affections of the respiratory organs pres#med inc#rable @s#ch as, above all, strongly developed p#lmonary emphysema, with or witho#t bronchitis, bronchiectasis, serio#s asthma, gas poisoning, etc<A; cA Serio#s chronic affections of the organs of circ#lation @for e"ample+ valv#lar affections with tendencies to disorders of compensation, relatively serio#s affections of the myocardi#m, pericardi#m of the vessels, especially inoperable ane#risms of the large vessels, etc<A; dA Serio#s chronic affections of the digestive organs; eA Serio#s chronic affections of the E#rinary and se"#al organs @partic#larly, for e"ample; all cases of confirmed chronic nephritis with complete semeiology, and most especially when cardiac and vasc#lar impairments already e"ist; li3ewise, pyelites and chronic cystitis, etc<A; fA Serio#s chronic diseases of the central and peripheral nervo#s system @s#ch as, partic#larly, serio#s ne#rasthenia and hysteria, all #nB#estionable cases of epilepsy, serio#s cases of /asedowEs disease, etc<A; gA /lindness in both eyes, or m one eye when the vision of the other remains below in spite of the #se of corrective glasses; red#ction in ac#teness of vision in case it is impossible to restore it by correction to the ac#teness of (J& for one eye at least; other oc#lar affections coming in the present class @gla#coma, iritis, choroiditis, etc<A; hA Total deafness in both ears, as well as total deafness in one ear in case the partially deaf ear does not discern the ordinary spo3en voice at a distance of one meter+ iA All #nB#estionable cases of mental affections; 3A All serio#s cases of chronic poisoning by metals or other ca#ses @lead poisoning, merc#ry poisoning, morphinism, cocainism, alcoholism, gas poisoning, etc<A;
lA Chronic affections of the organs of locomotion @arthritis deformans, go#t, rhe#matism with impairments clinically discoverableA, provided they are serio#s; mA All malignant growths, if they are not amenable to relatively minor operations witho#t endangering the life of the patient; nA All cases of malaria with noticeable organic changes< @important chronic increase in si0e of the liver, of the spleen, cache"ia, etc<A; oA Serio#s chronic c#taneo#s affections, in so far as their nat#re does not constit#te a medical indication for hospitali0ation in a ne#tral co#ntry; pA Serio#s avitaminoses @beriberi, pellagra, chronic sc#rvyA<
B$ HOSPITALI=ATION$
Prisoners of war m#st be hospitali0ed if they have the following affections+ (< All forms of t#berc#losis of any organs whatever if, according to present medical 3nowledge, they may be c#red, or at least considerably improved by methods applicable in a ne#tral co#ntry @altit#de, treatment in sanatoria, etc<A; &< All forms!necessitating treatment!of affections of the respiratory, circ#latory, digestive, genito!#rinary, and nervo#s organs, of organs of the senses, of the locomotor and c#taneo#s apparat#s; provided, however, that the forms of these affections do not belong to the categories reB#iring direct repatriation, or are not ac#te diseases properly so!called s#sceptible to a complete c#re< The affections contemplated in this paragraph are those which offer really better chances of c#re for the patient by the application of means of treatment available in a ne#tral co#ntry than if he were treated in captivity< 5ervo#s tro#bles, the efficient or determinant ca#ses of which are the events of the war or even of the captivity itself, s#ch as the psychasthenia of prisoners of war and other analogo#s cases, sho#ld be given special consideration< All d#ly verified cases of this 3ind sho#ld be hospitali0ed,
provided that the serio#sness or constit#tional character thereof does not ma3e them cases for direct repatriation< Cases of psychasthenia of prisoners of war which are not c#red after three months of hospitali0ation in a ne#tral co#ntry or which, after this period has e"pired, are not obvio#sly on the road to final recovery, sho#ld be repatriated< =< All cases of wo#nds or lesions and their conseB#ences which offer better chances of c#re in a ne#tral co#ntry than in captivity, provided that these cases a"e not either eligible for direct repatriation or else are insignificant< F< All cases of malaria, d#ly verified and not presenting organic changes clinically discoverable @chronic enlargement of the liver, of the spleen, cache"ia, etc<A, if the stay in a ne#tral co#ntry offers partic#larly favorable prospects of final c#re; G< All cases of poisoning @partic#larly by gases, metals, al3aloidsA for which the prospects of c#re in a ne#tral co#ntry are especially favorable< There shall be e"cl#ded from hospitali0ation+ (< All d#ly verified cases of mental affections< &< All organic, or f#nctional nervo#s affections rep#ted to be inc#rable; @These two categories belong to those giving a right to direct repatriation<A =< Serio#s chronic alcoholism; F< All contagio#s affections d#ring the period in which they are transmissible @ac#te infectio#s diseases, prima"y and secondary syphilis, trachoma, leprosy, etc<A<
@psychasthenia of prisoners of warA, and also to cases of t#berc#losis in all degrees< 1t is needless to state that camp physicians and the mi"ed medical commissions may find themselves confronted with a great n#mber of cases not mentioned among the e"amples given #nder Section ((, or cases not fitting in with these e"amples< The e"amples mentioned above a"e given only as typical e"amples; an analogo#s list of e"amples of s#rgical alterations has not been drawn #p beca#se, with the e"ception of cases incontestable by their very nat#re @amp#tationsA, it is diffic#lt to ma3e a list of partic#lar type; e"perience has shown that a recital of these partic#lar cases was not witho#t disadvantages in practice< All cases not fitting e"actly into the e"amples cited shall be decided by invo3ing the spirit of the above governing principles< A52 WHEREAS, the said Convention has been d#ly ratified on the part of the nited States of America and the instr#ment of ratification of the nited States of America was deposited with the $overnment of Swit0erland on *ebr#ary F, ()=&; A52 WHEREAS, in accordance with Article )& thereof, the said Convention became effective in respect of the nited States of America si" months after the deposit of its instr#ment of ratification, namely, on A#g#st F, ()=&; 5ow, THERE*7RE, be it 3nown that 1, Herbert Hoover, President of the nited States of America, have ca#sed the said Convention to be made p#blic to the end that the same and every article and cla#se thereof may be observed and f#lfilled with good faith by the nited States of America and the citi0ens thereof< 15 TEST1,75I WHERE7*, 1 have here#nto set my hand and ca#sed the seal of the nited States of America to be affi"ed< 275E at the city of Washington this fo#rth day of A#g#st in the year of o#r 4ord one tho#sand nine h#ndred and thirty! two, and of the 1ndependence of the nited States of America the one h#ndred and fifty!seventh< HER/ERT H77:ER /y the President+
W< R< CAST4E, %r Acting Secretary of State< @(A Anne"ed Reg#lations+ ART< (< The laws, !rights, and d#ties of war apply not only to armies, b#t also to militia and vol#nteer corps f#lfilling the following conditions+ To be commanded by a person responsible for his s#bordinates; To have a fi"ed distinctive emblem recogni0able at a distance; To carry arms openly; and To cond#ct their operations in accordance with the laws and c#stoms of war< 1n co#ntries where militia or vol#nteer corps constit#te the army, or form part of it, they are incl#ded #nder the denomination Karmy<K ART< &< The inhabitants of a territory which has not been occ#pied, who, on the approach of the enemy, spontaneo#sly ta3e #p arms to resist the invading troops witho#t having had time to organi0e themselves in accordance with Article (, shall be regarded as belligerents if they carry arms openly and if they respect the laws and c#stoms of war< ART< =< The armed forces of the belligerent parties may consist of combatants and noncombatants< 1n the case of capt#re by the enemy, both have a right to be treated as prisoners of war< 8*ootnote in the original<9<